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HomeMy Public PortalAboutORD10894 BILL NO. 87-84 SPONSORED BY COUNCILMAN BORGMEYER ORDINANCE: NO. j 0 6 C( ' . AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BLACK AND VEATCH FOR ENGINEERING SERVICES FOR STORMWATER FACILITIES IN FROG HOLLOW AREA. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Black and Veatch, for engineering services for stormwater facilities in the Frog Hollow area for a sum not to exceed $37, 500.00. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after- the date of its passage and approval. Passed Approved P esiding Of er ayor ATTEST: City Clerk CONTRACT FOR ENGINEERING SERVICES `7t T $ EEMENT, made and entered into this 47 day of � 19 , b y and between the City of Jefferson, a unicipal corportion of the State of Missouri, hereinafter referred to as the "City" with offices at 320 E. McCarty, Jefferson City, Missouri 651010 and Black & Veatch, Engineers- Architects , P. O,_ Box 8405 , Kansas City, Missouri, 64114 hereinafter referred to as the "Engineer" . WITNESSETH: THAT, WHEREAS, City desires to engage the Engineer to render certain technical and professional services hereafter described in connection with stormwater facilities in the Frog Hollow Area; and WHEREAS, the Engineer made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal and is authorized by Ordinance of the City Council., of the City of Jefferson, adopted � t_, 19_ff, to enter into a contract with the Enjinebr for the performances of services by the Engineer. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Engineer as follows: 1. Scope of Services. The City agrees to engage the services of the Engineer to perform the services set out below: A. Limited Detention in Frog Hollow This task involves a hydrologic study to determine peak flow reductions in Wears Creek utilizing limited storage along Frog Hollow. The study will consider storage on the land immediately downstream of the dam site proposed in the Stormwater Management Plan, to Edgewood Drive. The land parcel under consideration consists of approximately 75 acres, of which approximately 20 acres could be utilized for stormwater detention. It appears that nearly half of this area lies within the 100--year flood plain. The hydrological study for this parcel will consist of conceptual design and a comparison of peak flow reductions for the 10, 50, and 100-year events. Comparison points will be at the detention facility and at Southwest Boulevard. Not less than three design alternatives will be evaluated: ( 1 ) stream diversion and limited ponding, ( 2 ) stream diversion and maximum ponding (depth to be determined by channel drop through the parcel) , and (3) stepped detention (rice paddy concept) through the parcel . A preliminary a � estimate of probable construction cost will made for each alternative. It is understood the City will furnish the appropriate maps and survey data for -this work. The estimated cost for this study and report is $9,000. H. Frog Hollow Hydrological Analysis This task involves refining the parameters used for the Stormwater Management Plan to more precisely determine the benefits derived from a Frog Hollow Dam. Our letter of October 27, 1986, was our initial proposal for this project. The proposed efforts for this work include: Review previous calculations and watershed breakdown into subwatersheds. Make HEC-1 runs for 50-year and 100-year events and .75 PMP.* Preliminarily size outlet works. Review and modify opinion on probable facility costs. Run HEC-2 backwater program on different conditions to determine differences in water surface elevations along Wears Creek without Missouri River backwater. Additional consultation with Kansas City District Corps sm of Engineers to coordinate with their Jefferson City studies. * MDNR Dam and Reservoir Safety Council requirement. The estimated cost for this work is $4, 200. C. Frog Hollow Geotechnicai Investigations ( Initial Proposal 10/23/86 ) . Our geotechnical people have reviewed the "Geologic Report on they Conservation Commission, Frog Hollow Lake Site Cole County" , prepared by James H. Williams, Engineering Geologist, Missouri Geological Survey, and dated July 29, 1964. Our geotechnics were asked to prepare a minimal budget for supplemental geotechnical investigations of the site, with emphasis in the vicinity of the most logical location for a dam . Hydrologic considerations , area-capacity relationships, environmental considerations, or borrow investigations were not to be included in this initial site investigation program. A budget of $6, 800 was developed to cover minimum efforts in literature research, site reconnaissance, geologic mapping, geologic investigations (including test pits using City backhoe with operator for two days, boring supervision, and laboratory) and report writing. Outside drilling services, i � for rock coring and pressure tests to determine water losses to be expected, could add an additional $6,000-$8,000 to the geological investigation cost at the Frog Hollow Lake site. D. Improvement Funding Availability Black & Veatch will investigate possible funding sources for construction of the dam. Loans and/or grants are currently available from a variety of federal and state programs. Members of Black & Veatch's Management Services Division have extensive experience in grants applications and will explore funding sources to determine programs for which the Frog Hollow dam project can qualify. As grant or loan programs are identified for which the project qualifies, Black & Veatch will provide grant and/or loan application assistance to the City. Grant or loan programs which will be thoroughly explored by Black & Veatch include: U.S. Army Corps of Engineers Community Development Block Grants Missouri Infrastructure Loan Program Missouri Department of Conservation Missouri Department of Natural Resources Others as appropriate While the manhour requirements can not be accurately predicated for the work, we suggest that an initial budget of $4, 500 be authorized for this work. E. Conceptual Model In order to gain public acceptance and funding authority support for the construction of the Frog Hollow Recreational /Detention Facility a scale model is recommended. The model would be constructed of styrofoam, at a scale such that the finished model would measure approximately four feet by four feet with an appropriate vertical scale. The model would be appropriately painted and textured. The estimated cost of the model is $5,000. 2. Additions or Deletions to Services. The City may add to Engineer services or delete there-from activities of a similar ® nature to those set forth in paragraph 1, provided that the total cost of such work does not exceed the total cost allowance as b b specified in paragraph 5 hereof. The Engineer shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and prepared and approved by the office of the Director of Public Works and shall be accepted and countersigned by the Engineer or his agreed representatives. The Engineer will perform any additional work requested by the City which is not specifically covered in the scope of work as defined herein at a reasonable fee or compensation to be agreed to between the City and the Engineer at the time any such service may be required. 3. Existing Data. All information, data, and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Engineer without charge by the City, and the City shall cooperate with the Engineer in every reasonable way in carrying out the scope of services. The City will furnish, as required for the work and not at the expense of the Engineer, the following items: a. Property, boundary, easement, right-of-way, topographic, and utility surveys and property descriptions when such information is required. b. All maps, drawings, records, audits, annual. reports, and other data that are available in the files of the City and which may be useful in 'the work involved under this Contract. C. Access to public and private property, as necessary, when required to conduct field investigations. 4. Personnel To Be Provided. The Engineer represents that Engineer has or will secure at its own expense, all personnel required to perform the services called for under this contract by Engineer. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Engineer. All of the services required hereunder will be performed by the Engineer or under Engineer's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted without the written approval of the City. 5. Notice to Proceed. The services of the Engineer shall commence as directed in the Notice to Proceed and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of the contract, but in any event, all of the services required hereunder shall be completed within four calendar months from the ® date of execution of this contract. If the project consist of phases, a separate notice to proceed shall be issued for each phase. 6. Compensation. The City will pay the Engineer in accordance with the rate set forth below, which shall constitute full and complete compensation for the Engineer services hereunder. Such compensation will be paid in progress payments, as established by the City. The final payment will be subject to receipt of a requisition for payment and a statement of services rendered from the Engineer that the Engineer fully performed with work to be paid for in such progress payments in conformance with the contract. It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Engineer under the terms of this contract exceed the sum of $37, 500.00 for all services required unless specifically and mutually agreed to in writing by both the City and Engineer. No change shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. For the services covered by this Contract the City agrees to pay the Engineer as follows: a. For the services outlined in Paragraph 1 - SCOPE OF SERVICES, the City agrees to pay the Engineer a fee computed on the basis of twice the payroll cost for all of the Engineer's personnel, support personnel or local assistance personnel engaged in the work, plus reimbursement of expenses directly chargeable to the work as defined in Paragraph H. Payroll cost is defined as direct salary cost plus 30 percent. It is mutually understood -that the -total maximum fee billing for the services outlined shall not exceed Thirty-Seven Five Hundred Dollars ($37, 500) . b. Reimbursable direct expenses chargeable to the project*, which are included in the maximum fee billing above, are as follows: ( 1) Travel, subsistence, and incidental costs. (2) Use of motor vehicles on a mileage or rental basis. (3) Telephone and telegraph costs. (4) Reproduction of project documents. (5) Postage and shipping charges for project related materials. ( 6) Rental charges for use of equipment, including equipment owned by the Engineer, not included in overhead costs. + w c. Partial periodic monthly payments shall be made to the Engineer by the City as follows: ( 1 ) The Engineer shall render an itemized monthly statement to the City for work performed and costs incurred during the preceding month. (2) The monthly installments and current total billings shall not be disproportionate to work progress as reported by the Engineer. (3) The entire amount due shall be paid each month provided the maximum billing amount has not been exceeded. 7. Failure to Perform, Cancellation. If, through any cause, the Engineer shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Engineer shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Engineer of such termination and specifying the effective date thereof, at least five ( 5) days before the effective day of such termination. City or Engineer may without cause terminate this contract upon 30 days prior written notice. In either such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other materials prepered by the Engineer under this contract small, at the option of the City, become its property, and the Engineer shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Engineer shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Engineer. 9. Assignment. The Engineer shall riot assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation) , without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee. 10. Confidentiality . Any reports, data, or similar information given to or prepared or assembled by the Engineer under this contract which the City requests to be kept as ® confidential shall not be made available to any individual or i B organization by the Engineer without prior written approval of Aft the City. 11. Nondiscrimination . The Engineer agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employers of Engineer or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 12. Independent Contractor. The Engineer is an independent contractor and nothing contained herein shall constitute or designate the Engineer or any of its agents or employees as agents or employees of the City. 13. Benefits Not Available. The Engineer shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Workmen's Compensation Program of the City. 14. Liability. The parties mutually agree to the following: a. In no event shall the City be liable to the Engineer for special, indirect, or consequential damages, except those caused by the City's negligence, arising out of or in any way connected with a breach of this contract. The Ah maximum liability of the City shall be limited to the amount of money -to be paid or received by the City under this contract. b. The Engineer shall defend, indemnify, and hold the City harmless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property which are caused by the Engineer arising out of or in any way connected with this contract. 15, Documents. That reproducibles of tracings and maps prepared or obtained under. the terms of this Contract shall be delivered upon request to and become the property of the City upon termination or completion of the work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this Contract shall be made available, upon request, to the City without restrictions or limitations on -their use. When such copies are requested, the City agrees to pay the Engineer its cost of copying and delivering same. . 16. Nonsolicitation. The Engineer warrants that he had not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Contract, and that he has not paid or agreed.to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability, or, in its discretion, to deduct from the Contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 17. Books and Records . The Engineer and all his subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this Contract, and shall make such materials available at their respective offices at all reasonable times during the Contract and for a period of three (3) years following completion*93EA 'Cbntixh vm 18. Delays. That the Engineer shall not be liable for delays resulting from causes beyond the reasonable control of the Engineer; that the Engineer has made no warranties, expressed or implied, which are not expressly set forth in this Contract; and that under no circumstances will the Engineer be liable for indirect or consequential damages. 19. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to City at 320 E. McCarty, Jefferson City, Missouri 55101, and Engineer at P.O. Box 8405, Kansas City, Missouri, 64114. The date of delivery of any notice shall be the date falling on the second full day after the ay of its mailing. Executed this day of 19�. CITY OF JEFFERSON, MISSOURI By OR ATTEST: CITY CLERK ENGINEER By ATTEST: Al • e STATE OF MISSOURI ) ss County of Cole ) rr I C', this . ' rH day of \v a �+, 1987, before me appeared .a��a to me personally kno�,m, who b�±ing me duly s rn did say that lie member of the firm (partnership) of k_._c Y-.Al ,- .�• Lim t and that as such partner he has authority to a ecute the foregoing instrument on behalf of said firm (partnership), and acknowledged that he executed the same as his free act and deed and as the free act and deed of said firm (partnership). In Testimony Whereof, I have hereunto t my hand and affixed my official seal at my office inG�IQ �D_ .,�� {� rc�au.�� the day and year first above written. My cc mission expires BETTY I SCHULER NOTARY MK STATE OF MONA COlRi1Y OF BOLE